Bihari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56796 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== BIHARI MAHTO Son of Bhagelu Mahto Resident of village - Pachbhirwa, P.S. - Sangrampur, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 308, 379, 504, 354(B),34 of the Indian Penal Code.

3. As per allegation in the FIR, several FIR named accused persons including the petitioner came at the door of the informant armed with various weapons started abusing and took out ornaments and cash from the house. It is further alleged that co-accused Basudeo Mahto, Hari Kishore Mahto and Nand Kishore Mahto tossed down after holding the hair-locks of the informant as a result of which she became nude and thereafter petitioner assaulted her.

Patna High Court CR. MISC. No.56796 of 2023(2) dt.05-09-2023 2/2

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. The present case is counter blast of Sangrampur PS Case No. 233 of 2022. Petitioner is a tempo driver and he is innocent. No special allegation is attributed to him rather all the allegations levelled against him are general and omnibus in nature. Petitioner is languishing in judicial custody since 6.02.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, East Champaran, Motihari in connection with Sangrampur PS Case No. 234 of 2022.

(Sunil Kumar Panwar, J) lata/- U